As per Gartner’s predictions, modern data protection laws are expected to cover 65% of world’s population by 2023, up from 10% in 2020. Over recent years, we have observed a significant escalation of the domestic data protection laws. Notably, 2021 was characterized by the entry into of force of South Africa’s POPIA, Brazil’s LGPD and China’s PIPL. Next few years intend to bring similar – and potentially even more significant-developments. This article aims to explores the trends to watch out for 2022 and 2023, with a particular focus on data protection and its impact on life sciences.
#1: What are the global trends?
Recently, some countries took the lead by introducing their own first comprehensive data protection laws. This trend seems to mark only the beginning of an escalation in domestic data protection laws.
While this escalation shows a genuine commitment of countries to data protection, it also raises new concerns, since it results in fragmentated laws worldwide.
This fragmentation is particularly evident in the case of cross-border data transfers:
- Many countries maintain their own adequacy decision list. Although most are inspired by the European Commission’s list, there are some differences (g., FDPIC’s list in Switzerland).
- Some countries are developing their own set of Standard Contractual Clauses (SCCs) (e.g., China, UK, Switzerland…)
- Others have recognized the European Commission’s SCCs, provided that national specificities are implemented through an addendum (especially, UK and Switzerland).
#2: What are the trends at the EU level?
Over the years, the European data space has evolved into a fragmented framework, with various rules applying in different sectors.
Besides GDPR, three main proposals are currently under legislative process and are expected to enter into force in 2022 – 2023: Data Governance Act; the Data Act; and the Digital Services Act. Together these instruments are intended to complement the GDPR by addressing sector-specific needs and promoting a more coherent European data strategy.
#3: Will Life Sciences and Data Protection trends converge?
While our personal data has become the new gold, conflicting trends are emerging between the life sciences and the data protection sectors.
On one hand, data protection trends take a conservative approach by promoting privacy, control over personal data and data minimization by keeping data flows within jurisdictional boundaries.
On the other hand, life sciences trends tend to adopt more liberal approach to encourage innovation, open source collaboration, and the use of massive datasets through global collaboration.
Such paradoxical trends pose significant challenge; innovation drives the development of new services of our society and demanding intense data processing while the GDPR restricts such processing and remains silent about this issue.
What to expect now?
The Covid 19’s pandemic has been a true accelerator of health care innovation. To address the new challenges we face, the pandemic unlocked a modus operandi characterized by flexibility and innovation, such as remote care monitoring, nurses’ services at home, and telehealth.
Obviously, these innovations have created new tensions. While GDPR protects our personal data, the pandemic has made them more accessible than ever, thanks to widespread data sharing via covid apps and new databases.
In this context, it appears that GDPR no longer fully fits the modern challenges of society . More than ever, there is a pressing need to update the GDPR.
Article 97 (5) of the GDPR states that, when necessary, considering IT developments and state of progress, the Commission shall submit appropriate proposals to amend the GDPR.
Well… Isn’t it the right time to do so?
MyData-TRUST team is delighted to support every project of Data Protection in the Life Sciences Industry. Our teams of data protection managers, lawyers and ITs, all coming from the Life Sciences Industry, would be pleased to support you.
